HomeMy WebLinkAboutFFP BTM Solar LLC Energy Services Agreement Solar Fresno-Clovis Regional Water Treatment Plant 6.25.20 ° ®,00F0,2' ' G /75/7o2o
CONFIDENTIAL AND PROPRIETARY
ENERGY SERVICES AGREEMENT — SOLAR
Fresno-Clovis Regional Water Treatment Plant
This Energy Services Agreement ("Agreement") is made and entered into as of this
?% day of PNC. 2020 (or, if later, the latest date of a Party's execution and
delivery to the other Party of this Agreement, the "Effective Date"), between FFP BTM
SOLAR, LLC, a Delaware limited liability company ("Provider"), and City of Fresno, a
California Municipal Corporation ("Purchaser"; and, together with Provider, each, a
"Party" and together, the "Parties").
RECITALS
A. Purchaser desires that Provider install and operate a solar photovoltaic system at
the Premises (as hereafter defined) for the purpose of providing Energy Services
(as hereafter defined), and Provider is willing to have the Installation Work
performed by using one or more qualified contractors holding the appropriate
licenses required in the jurisdiction where the System will be installed;
B. Provider is in the business of designing, constructing, owning, financing, and
operating solar photovoltaic systems for the purpose of selling power generated
by the systems to its purchasers;
C. The Charter for the Purchaser allows for cooperative purchase agreements for
works of public improvement. The Purchaser is allowed to piggyback an existing
government agency's agreement, under Fresno City Charter 1208;
D. On July 19, 2017, the School Project for Utility Rate Reduction (SPURR) issued
a Renewable Energy Aggregated Procurement (REAP) Program Request for
Proposal (RFP), seeking prospective vendor terms and conditions for solar and
energy storage projects. SPURR selected Provider for an award under the RFP.
The RFP is attached hereto as Exhibit A and is incorporated herein by reference.
The Parties agree that the Provider has entered into the Amended and Restated
SPURR REAP Program Master Contract. (Original Government Contract);
E. Provider and Purchaser acknowledged those certain General Terms and
Conditions of Energy Services Agreement between FFP BTM Solar, LLC and
Purchaser dated as of j1 plo c 25 , 2020 ("General Terms and Conditions"),
which are incorporated by reference as set forth herein; and
F. The terms and conditions of this Energy Services Agreement, excluding the
General Terms and Conditions incorporated herein, constitute the "Special
Conditions" referred to in the General Terms and Conditions.
In consideration of the mutual promises set forth below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties hereby agree as follows:
CONFIDENTIAL AND PROPRIETARY
1. Incorporation of General Terms and Conditions. The General Terms and
Conditions are incorporated herein as if set forth in their entirety.
2. Initial Term. The initial term of this Agreement shall commence on the Effective
Date and shall continue for Twenty (20) years from the Commercial Operation
Date (as defined in the General Terms and Conditions), unless and until
extended or terminated earlier pursuant to the provisions of this Agreement (the
"Initial Term"). After the Initial Term, this Agreement may be renewed for an
additional five (5) year term (a "Renewal Term"). At least one hundred and
eighty (180) days, but no more than three hundred and sixty-five (365) days, prior
to the expiration of the Initial Term, Provider shall give written notice to Purchaser
of the availability of the Renewal Term. Purchaser shall have sixty (60) days to
agree to continuation of this Agreement for the Renewal Term. Absent
agreement to the Renewal Term this Agreement shall expire on the Expiration
Date. The Initial Term and the subsequent Renewal Term, if any, are referred to
collectively as the "Term".
3. Schedules. The following Schedules hereto are hereby incorporated into this
Agreement:
Schedule 1 Description of the Premises, System and Subsidy
Schedule 2 Energy Services Payment
Schedule 3 Early Termination Fee
Schedule 4 Estimated Annual Production
Schedule 5 Notice Information
Schedule 6 Site Specific Information and Requirements
Schedule 7 Specific Items for Scope of Work
Schedule 8 Site Diagram
4. Privacy. Purchaser acknowledges that the System may collect certain
information about Purchaser's electricity usage and the System performance.
Such information may be stored and processed in the United States or any other
country in which Provider or its third-party service providers, or its or their
respective affiliates, subsidiaries, or service providers, maintain facilities.
Purchaser consents to any such transfer of information outside of Purchaser's
country.
5. Miiestone Dates.
5.1 The Guaranteed Construction Start Date is 730 days from Effective Date
provided that the Local Electric Utility is prepared to begin its construction on
any required utility, (distribution or transmission), upgrades, if any. In the event
that the Local Electric Utility is not prepared to commence construction on
required upgrades, if any are required, Provider will be allowed a day for day
extension to the Guaranteed Construction Start Date, as defined in the General
Terms and Conditions between the Parties.
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CONFIDENTIAL AND PROPRIETARY
5.2The Guaranteed Commercial Operation Date is 550 days from Guaranteed
Construction Start Date.
6, Purchase Requirement: EneMy Services Payment. "Energy Services" means
the supply of electrical energy output from the System and any associated
reductions in Purchaser's peak demand from its Local Electric Utility. Purchaser
agrees to purchase 100% of the Energy Services generated by the System and
made available by Provider to Purchaser during each relevant month of the
Term, up to a maximum of 110% of Estimated Annual Production, as defined in
Schedule 4. While the Energy Services are calculated and billed on a per kWh
basis as set forth in Schedule 2 of these Special Conditions, they represent a
package of services and benefits.
7. Estimated Annual Production. The annual estimate of electricity generated by
the system for each year of the initial term is set as forth in Schedule 4 of the
Special Conditions ("Estimated Annual Production"). Within sixty (60) days of
each annual anniversary of the Commercial Operation Date, Provider will provide
a statement to Purchaser that shows the actual annual kWh production from the
System for the Term Year, the Estimated Annual Production, and the Minimum
Guaranteed Output (defined below).
8. Minimum Guaranteed Output. If the System fails to generate at least 95% of the
Estimated Annual Production for a full Term Year (such amount, the "Minimum
Guaranteed Output"), other than as a result of the acts or omissions of Purchaser
or the Local Electric Utility (including a Disruption Period), or an Event of Force
Majeure, Provider shall credit Purchaser an amount equal to Purchaser's Lost
Savings on the next invoice or invoices during the following Term Year. The
formula for calculating Lost Savings for the applicable Term Year is as follows:
Lost Savings = (MGO*WPR -AE) x RV
MGO = Minimum Guaranteed Output, as measured in total kWh, for the
System for the applicable Term Year.
WPR = Weather Performance Ratio, measured as the ratio of the actual
insolation over typical (pro-forma) insolation. Such Weather Performance
Ratio shall only apply if the ratio is less than 1.00.
AE = Actual Electricity, as measured in total kWh, delivered by the System
for the Term Year plus the estimated lost energy production during a
Disruption Period.
RV = (ATP - kWh Rate)
ATP = Average tariff price, measured in $/kWh, for the Term Year paid by
Purchaser with respect to the Premises. This price is determined by
dividing the total cost for delivered electricity, including all charges
associated with such electricity howsoever named, including, without
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CONFIDENTIAL AND PROPRIETARY
limitation, charges for distribution, transmission, demand, and systems
benefits, paid to the Local Electric Utility during the applicable Term Year
by the total amount of delivered electricity by the electric utility during such
Term Year.
kWh Rate = the kWh Rate in effect for the applicable Term Year(s),
measured in $/kWh.
If the RV is zero or less, then no Lost Savings payment is due to Purchaser. Any
Lost Savings payment shall occur no later than sixty (60) days after the end of
the Term Year during which such Lost Savings occurred.
By way of example only, the Lost Savings would be as follows with the following
assumptions:
Lost Savings [Year 5] _ (4,504,498 [MGO*WPR—AE]) x 0.0301 [RV] _ $135,585
MGO = 32,351,529 kWh [Year 5 Estimated Production x 95%]
WPR = 0.98 [Assumes insolation slightly less than pro-forma]
AE = 27,200,000 kWh [Assumes actual delivery of 27,200,000 kWh and no
Disruption Period]
RV = $0.0301 [Year 5 ATP —Year 5 kWh Rate]
ATP = $0.09 [Assumes all-in tariff rate in Year 5]
kWh Rate = $0.0599 [Year 5 kWh Rate set forth in Schedule 2]
9. Allowed Disruption Time. Notwithstanding the provisions in Section 4.3 of the
General Terms and Conditions to the contrary, during years 4 through 20 (but not
years 1 through 3) of the Term, Purchaser shall be afforded a one-time allocation
of fifteen (15) days which may be used consecutively or in separate periods of at
least twenty-four (24) hours each ("Allowed Disruption Time") during which the
System shall be rendered non-operational. Purchaser shall not be obligated to
make payments to Provider for electricity not received during the Allowed
Disruption Time, nor shall Purchaser be required to reimburse Provider for any
other lost revenue during the Allowed Disruption Time, including any lost revenue
associated with any reduced sales of Environmental Attributes, and Provider
shall be credited for the estimated lost production the System would have
produced during such Allowed Disruption Time toward satisfaction of its Minimum
Guaranteed Output, as set forth in Section 8 of the Special Conditions, such
estimated lost production to be calculated in the same manner as set forth in
Section 4.3 of the General Conditions.
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CONFIDENTIAL AND PROPRIETARY
10. Sunlight Access. Purchaser will take all reasonable actions as necessary to
prevent other buildings, structures or flora from overshadowing or otherwise
blocking access of sunlight to the System.
11. Use of System. Purchaser will not use electrical energy generated by the
System for the purposes of heating a swimming pool within the meaning of
Section 48 of the Internal Revenue Code.
Si natures follow on the next pameA.
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CONFIDENTIAL AND PROPRIETARY
IN WITNESS WHEREOF and in confirmation of their consent to the terms and
conditions contained in this Agreement and intending to be legally bound hereby,
Provider and Purchaser have executed this Agreement as of the Effective Date.
PROVIDER: PURCHASER:
FFP BTM SOLAR, LLC CITY OF FRESNO,
A California municipal corporation
By: By:
Michael CarbaJal, Dir ctor
Name: Department of Public Utilities
Title: �fo� in
(If corporation or LLC., Board Chair, APPROVED AS TO FORM-
Pres. or Vice Pres.) DOUGLAS T. SLOAN
Date: City Attorne
• By: c�JzsJ2-0xb
By: Dui Date
Name: Deputy City Attorney
Title: ATTEST:
�Cr �CAI�-I YVONNE SPENCE, CRM MMC
(if corporation or L C., CFO, Treasurer,
Secretary qr Assistant Secretary) City Clerk
Date: U -LS3
By: �o
Date
Deputy
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CONFIDENTIAL AND PROPRIETARY
SCHEDULES
I. Schedule 1 - Description of the Premises System and Subsidy
A. Premises Assessor's Parcel Numbers:
327-030-38T & 327-030-41 T
Site diagram attached: X Yes ❑No
B. Description of Solar Behind the meter ground-mounted solar
System
Solar System Size: 17,053.7 kW (DC) (this is an estimate (and not a
guarantee) of the System size; Provider may update
the System Size prior to the Commercial Operation
-Date-)
C. Anticipated Subsidy or $0
Rebate
II. Schedule 2- Energy Services Payment
Purchaser shall pay to Provider a monthly payment (the "Enemy Services Payment") for
the Energy Services provided by the System during each calendar month of the Term
equal to the product of (x) Actual Monthly Production for the System for the relevant
month multiplied by (y) the kWh Rate.
The "Actual Month1V Production" means the amount of energy recorded by Provider's
metering equipment during each calendar month of the Term.
The kWh Rate with respect to the System under this Agreement shall be in accordance
with the following schedule:
PPA Rate Table
Term kWh Rate Term $/kWh
Year ($/kWh) Year Rate
($/kWh)
1 $0.0599 11 $0.0599
2 $0.0599 12 $0.0599
3 $0.0599 13 $0.0599
4 $0.0599 14 $0.0599
5 $0.0599 15 $0.0599
6 $0.0599 16 $0.0599
7 $0.0599 17 $0.0599
8 $0.0599 18 $0.0599
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CONFIDENTIAL AND PROPRIETARY
9 $0.0599 19 $0.0599
10 $0.0599 20 $0.0599
Distribution, Transmission and Electrical Infrastructure Upgrades. Within thirty (30)
days of receipt of notice from the Local Electric Utility of distribution, transmission, and
electrical infrastructure upgrade costs required by the Local Electric Utility, Purchaser
will provide written notice (email is acceptable) to Provider of Purchaser's election of
one of the following options:
a. Purchaser will bear all the distribution, transmission, and electrical infrastructure
upgrade costs, and the kWh Rates stated in the PPA Rate Table will remain
unchanged. Purchaser shall make payments directly to the Local Electric Utility in
accordance with the requirements of the Local Electric Utility.
b. For every $0.01 per watt DC of such distribution, transmission, or electrical
infrastructure upgrade costs, the kWh rate in the PPA Rate Table will increase
$0.000583 per kWh, with a maximum kWh rate increase of $0.0205 per kWh.
Provider shall then be responsible for all associated costs and payments.
c. If distribution, transmission, or electrical infrastructure upgrades are required and
exceed the maximum kWh increase of $0.0205 per kWh, then ForeFront Power
has the option to terminate this Agreement.
Scope Changes (ITC Eligible). If changes in project scope occur that are eligible for the
Federal Investment Tax Credit (including but not limited to adverse geotechnical
conditions or the inclusion of spare conduit) and the costs directly related to such
changes go beyond those contemplated as part of the development and implementation
of the System in this Agreement, Provider will provide reasonable documentation
demonstrating the direct and actual time and materials costs relating to such costs to
Purchaser. Within thirty (30) days after Purchaser receives such documentation,
Purchaser will provide written notice to Provider of Purchaser's election of one of the
following options:
a. Purchaser will bear all of the reasonably documented scope change costs, and
the kWh rate as stated in Table 1 will remain unchanged.
b. For every $0.01 per watt DC of such costs, the kWh rate in Table 1 will increase
$0.000365 per kWh, with an additional maximum kWh rate increase of $0.0022
per kWh. Provider shall then be responsible for all associated costs and
payments.
Scope Changes (Non-ITC Eligible). If changes in project scope occur that are not
eligible for the Federal Investment Tax Credit (including but not limited to ADA
compliance costs not related to System configuration or construction) and the costs
directly related to such changes go beyond those contemplated as part of the
development and implementation of the System in this Agreement, Provider will provide
reasonable documentation demonstrating the direct and actual time and materials costs
relating to such costs to Purchaser. Within thirty (30) days after Purchaser receives
such documentation, Purchaser will provide written notice to Provider of Purchaser's
election of one of the following options:
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CONFIDENTIAL AND PROPRIETARY
a. Purchaser will pay the entire amount of such associated costs, and the kWh rate
as stated in the PPA Rate Table will remain unchanged.
b. For every $0.01 per watt DC of such associated costs, the kWh rate in the PPA
Rate Table will increase $0.000487 per kWh, with an additional maximum kWh
rate increase of $0.0029 per kWh. Provider shall then be responsible for all
associated costs and payments.
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CONFIDENTIAL AND PROPRIETARY
III. Schedule 3 — Early Termination Fee
The Early Termination Fee with respect to the System under this Agreement shall be
calculated in accordance with the following:
Early Column 1a Column 1b
Termination Early Termination Fee Expected
Occurs in where Purchaser does Termination Fee
Year: not take Title to the based on System
System ($NVdc including Size**/***
costs of removal)***
1* $2.33 $39,644,687
2 $1.97 $33,603,154
3 $1.88 $32,022,032
4 $1.78 $30,442,078
5 $1.69 $28,854,714
6 $1.60 $27,263,834
7 $1.58 $26,993,941
8 $1.57 $26,724,319
9 $1.55 $26,446 806
10 $1.53 $26,165,039
11 $1.52 $25,878,799
12 $1.50 $25,591,754
13 $1.48 $25,296,177
14 $1.46 $24,995,421
15 $1.45 $24,689,214
16 $1.43 $24,380,895
17 $1.41 $24,063,190
18 $1.39 $23,739,136
19 $1.37 $23,408,387
20 $1.35 $23,073,920
Purchase Date Occurs Column 2a Column 2b
on the 91st day Early Termination Expected
following: Fee where Purchaser Termination Fee
(Each "Anniversary" takes Title to the based on System
below shall refer to the System Size**/***
anniversary of the ($/Wdc, does not
Commercial Operation include costs of
Date) removal)***
5 Anniversary $1.10 $18,736,964
6F-A-nniversary $1.08 $18,467,071
7�Anniv�ersary $1.07 $18,197,449
F-A-nniversary $1.05 $17,919,936
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CONFIDENTIAL AND PROPRIETARY
9 Anniversary $1.03 $17,638,169
10t Anniversary $1.02 $17,351,929
11 Anniversary $1.00 $17,064,884
12' Anniversa ry $0.98 $16,769,307 {
13"Anniversary $0.96 $16,468,551
14 Anniversary $0.95 $16162,344
15 Anniversa $0.93 $15,854,025
16 Anniversa $0.91 $15,536,320
17t"Anniversary $0.89 $15,212,266
18` Anniversary $0.87 $14,881,517
191 Anniversa $0.85 $14,547,050
At Expiration (the end of the Initial Term), the amount in Column 1 shall be deemed to
be zero (0).
*Includes Early Termination prior to the Commercial Operation Date.
**Based on System Size as of the Effective Date. System Size (and therefore Columns
1 b and 2b will change upon System Size change).
*** The Early Termination Fee for Column 1 shall be calculated in accordance with and
subject to Sections 2.2(a), 11.2(b), and 11.3 of the General Conditions, as applicable.
The Early Termination Fee for Column 2 shall be calculated in accordance with and
subject to Section 2.3 of the General Conditions.
IV. Schedule 4— Estimated Annual Production
Estimated Annual Production commencing on the Commercial Operation Date with
respect to System under this Agreement shall be as follows:
Term Estimated Term Estimated
Year Production (kWh) Year Production (kWh)
1 34,743,926 11 33,045,300
2 34 570,206 12 32,880,073
3 34,397,355 13 32,715,673
4 34,225,368 14 32,552,094
5 34,054,241 15 32,389,334
6 33,883,970 16 32,227,387
7 33,714,550 17 32,066,250
8 33,545,977 18 31,905,919
9 33,378,248 19 31,746,389
10 33,211,356 20 31,587,657
The values set forth in the table above are estimates (and not guarantees), of
approximately how many kWhs are expected to be generated annually by the System
assuming the System size indicated in Schedule 1 and based on initial System designs.
Provider may deliver to Purchaser an updated table on or about the Commercial
Operation Date based on the actual System size and design.
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CONFIDENTIAL AND PROPRIETARY
V. Schedule 5 — Notice Information
Purchaser: Provider:
City of Fresno FFP BTM Solar, LLC
Department of Public Utilities c/o Forefront Power, LLC
Attn: Director of Public Utilities Attn: Director, Energy Services
2600 Fresno Street, Room 4019 100 Montgomery St., Suite 725
Fresno, CA 93721 San Francisco, CA 94104
With a copy to
FFP BTM Solar, LLC
c/o Forefront Power, LLC
Attn: Legal Department
100 Montgomery St., Suite 725
San Francisco, CA 94104
Email:
FPLegal@forefrontpower.com
Financing Party:
[To be provided by Provider
when known]
VI. Schedule 6 — Site Specific Information and Requirements
In accordance with Section 7.2(f) of the General Terms and Conditions, the following
information references any known restrictions on the use of the Premises for the
construction, ownership, use and operation of the System, including any land use
restrictions, known underground structures or equipment, or limitations arising under
permits or applicable law, as well as any additional Environmental Documents, reports
or studies in the possession or control of the Purchaser, which shall each have been
delivered to Provider as of the Effective Date:
Type of Information Information Delivered to Provider as of the
Effective Date
Phase I environmental site Not Applicable
assessment
Reports on site sampling (soil or Not Applicable
_groundwater)
Land use restrictions imposed by [Not Applicable
governmental authorities
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CONFIDENTIAL AND PROPRIETARY
Type of Information Information Delivered to Provider as of the
Effective Date
Lease restrictions on proposed solar Not Applicable
installation
Cleanup plan, corrective action plan Not Applicable
or permits applicable to Premises J
Open spill reports or unresolved Not Applicable
release reports
Known underground storage tanks, Not Applicable
foundations, utilities
Utility easements or public rights of Not Applicable
way
Completed closure or"cap" on Not Applicable
buried waste or other materials
Systems in place for extracting and Not Applicable
collecting methane, groundwater or
leachate
Subject to the control of a trustee, Not Applicable
group of entities or entities other
than landlord and/or Purchaser —1
VII. Schedule 7 —Specific Items for Scope of Work
7.1 All System structures shall be permitted through the authority having
jurisdiction as ground mounted structures. Provider shall obtain permits on behalf of the
project(s), including building department, structural, grading, and/or electrical permits as
required. Provider assumes that existing Conditional Use Permits can be amended to
include the Project.
7.2 Provider and Purchaser have conducted an environmental analysis
pursuant to the requirements of CEQA, to be approved by Purchaser as Lead Agency.
In the event there are subsequent discretionary approvals necessary to implement the
project, which require additional environmental assessment, Provider will prepare any
necessary assessment pursuant to the requirements of CEQA. Purchaser shall be
responsible for the cost of any additional assessments and any mitigation required by
those additional assessments and/or discretionary approvals. As such scope and costs
are determined, Provider shall work with Purchaser in good faith to determine a
mutually-acceptable solution for Purchaser to pay such additional costs, if any, including
potentially an increase in the kWh rate in Schedule 2. Additionally, the Construction
Start date shall be extended on a day for day basis for delays associated with
subsequent mitigations.
7.3 Provider shall obtain a Conditional Use Permit for the project. If required,
Provider shall not be responsible for the cost of any visual screening requirements,
including but not limited to landscaping and fence slats, resulting from the permitting
process. Provider shall work with Purchaser in good faith to determine a mutually-
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CONFIDENTIAL AND PROPRIETARY
acceptable solution for Purchaser to pay such additional costs, if any, including
potentially an increase in the kWh rate in Schedule 2.
7.4 Fencing shall be 6' tall chain link, without barbed wire. Provider will
determine the number of gates that are to be installed on the perimeter fencing, and
such location(s) will be indicated on Provider's drawings and plan submittals to
Purchaser.
7.5 Provider intends to interconnect the System to Purchaser-owned 12.47 kV
service conductors at a mutually agreeable location. Provider assumes that the existing
conductors and service equipment are sufficiently capable of accepting the additional
electrical load of the System. Provider shall not bear responsibility for any required
upgrades to the Purchaser's pre-existing electrical system and infrastructure. Provider
shall work with Purchaser in good faith to determine a mutually-acceptable solution for
Purchaser to pay such additional costs, if any, including potentially an increase in the
kWh rate by exercising the Scope Changes (Non-ITC Eligible) rates in Schedule 2.
7.6 Provider shall be responsible for all fees associated with the interconnection
application, except that Provider shall not be responsible for transmission, electrical
infrastructure, or distribution upgrades determined necessary by the Local Electric
Utility. Provider shall work with Purchaser in good faith to determine a mutually-
acceptable solution for Purchaser to pay such additional costs, if any, including
potentially an increase in the kWh rate by exercising the Distribution, Transmission, and
Electrical Infrastructure Upgrades rates in Schedule 2
7.7 Provider assumes that soil conditions are class 3 soils, and not such soils
that are rocky, sandy, contaminated, ground water, caving, or otherwise have
problematic construction limitations, including liquefaction. If soil conditions prove to be
other than class 3 soils, Provider shall not be responsible for such additional expenses
as a result of additional subterranean geotechnical work including boring, trenching as
well as increased foundation requirements for the solar racking and/or equipment pads.
As such scope and costs are determined, Provider shall work with Purchaser in good
faith to determine a mutually-acceptable solution for Purchaser to pay such additional
costs including potentially an increase in the kWh rate by exercising the Scope Changes
(ITC Eligible) rates in Schedule 2
7.8 Provider assumes a balanced site. Any spoils that result from the
installation of the System are assumed to be spread on site. Provider shall not be
responsible for exporting soils. Provider shall work with Purchaser in good faith to
determine a mutually-acceptable solution for Purchaser to pay any such additional costs
including potentially an increase in the kWh rate by exercising the Scope Changes
(Non-ITC Eligible) rates in Schedule 2.
7.9 Provider assumes that existing grade is level and that no grading is required
in support of System installation.
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CONFIDENTIAL AND PROPRIETARY
7.10 Provider assumes that no more than 18 inches of effluent discharge will
encroach into the system area, and that any and all discharge will not be toxic,
hazardous or cause any environmental issue or constraint. The Parties agree that the
Provider is not responsible to mitigate any discharge into the System area.
7.11 Provider does not intend to use PVC coated rigid conduits, nor concrete
encased conduits.
7.12 Provider assumes that there is a water source on site, and available for
Provider's use.
7.13 Provider assumes Risk Level I Best Management Practices as it relates to
relevant Stormwater Protection Plan assumptions for the installation of the System.
7.14 Provider will execute a Phase I Environmental Site Assessment, in
accordance with ASTM e1527. Provider assumes that there are no Recognized
Environmental Conditions, Historical Recognized Environmental Conditions or de
minimis concerns associated with the Project Site.
7.15 Provider agrees to construct the System in no more than 1 construction
phase, and that Provider will be allowed ample space to store material on site.
7.16 Provider shall be responsible for all inspection and inspector costs
associated with the installation of the system.
7.17In the event the Local Electric Utility requires electrical infrastructure
upgrades, Purchaser shall bear responsibility for the full scope of required upgrades to
the Purchaser's electrical system and infrastructure. Provider shall work with Purchaser
in good faith to determine a mutually-acceptable solution for Purchaser to pay such
additional costs, if any, including potentially an increase in the kWh rate by exercising
the Scope Changes (Non-ITC Eligible) rates in Schedule 2.
15
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